The underground pipe is 30 inches in diameter and has been in operation since 1953.
Enbridge Energy, headquartered in Calgary, Canada, owns the Line 5 oil pipeline and is North America’s largest pipeline company, transporting about 125 million gallons of crude oil and liquids every day.
Why is it being rerouted?
Enbridge proposed to reroute about 12 miles of the active pipeline that passes through the Bad River Band of Lake Superior Chippewa’s reservation. Easements on the line expired years ago, and since then, the company has faced scrutiny for wanting to reroute the pipe instead of decommissioning the line.
The tribe filed a lawsuit in 2019 to have the pipeline removed. The tribe and environmental groups argued for shutting down Line 5 entirely, citing the risks to land, water, and quality of life if the pipeline were to rupture or leak.
A leak wouldn’t be unprecedented. During the construction of the Line 3 pipeline in Minnesota, Enbridge breached four aquifers while building the pipeline. It also paid more than $11 million to address environmental damage during construction and faced a criminal misdemeanor charge for using state waters without permission. The company has also had issues with a pipeline in Michigan.
Environmental groups are criticizing the permitting decision and plan a legal challenge.
The backlash to the decision was swift Thursday, with at least one environmental group already planning a legal challenge to the reroute because of its potential to harm natural resources and those who rely on them.
“In granting these permits, DNR officials chose to serve Enbridge’s interests at the cost of the Bad River Band’s treaty rights and the state’s future clean water supply,” said Earthjustice Senior Attorney Stefanie Tsosie, who is representing the Bad River Band. “It’s sad that they are willing to gamble the region’s irreplaceable wetlands, the wild rice beds, and even Lake Superior to secure Enbridge’s cash flow.”
Clean Wisconsin, an environmental advocacy organization, alluded to a potential court challenge.
“Wisconsin law makes it clear that projects causing harm to our waters must meet a high bar to move forward,” Clean Wisconsin attorney Evan Feinauer said. “Given the enormous impacts that construction of this pipeline would cause, we are skeptical that the proposed project meets these legal standards.”
Bad River Band leadership also expressed concern for people on the reservation and the resources they rely on, such as Lake Superior and the rivers the pipeline would cross.
“I’m angry that the DNR has signed off on a half-baked plan that spells disaster for our homeland and our way of life,” Bad River Band Chairman Robert Blanchard said in a statement. “We will continue sounding the alarm to prevent yet another Enbridge pipeline from endangering our watershed.”
Industry celebrates Enbridge approval.
Industry and labor groups celebrated the approval Thursday, especially because Enbridge has contracted with Michaels Construction for the project that is expected to employ Wisconsin laborers.
“The Line 5 relocation project is a win for Wisconsin workers, Wisconsin families, and the Wisconsin economy. In addition to creating over 700 union construction jobs, this project will ensure the energy our state’s families and economy need to survive continues to flow,” Wisconsin Building Trades Council Executive Director Emily Pritzkow said. “Our members are committed to executing this project with the utmost craftsmanship and professionalism, and prioritizing safety every step of the way.”
Agricultural industry groups also applauded the DNR’s approval.
“Wisconsin farmers simply can’t do their jobs without the propane, diesel, and gas made possible by pipelines like Line 5,” Wisconsin Farm Bureau President Brad Olson said in a release. “The issuance of DNR’s Line 5 permits is a huge step forward for our state’s farmers and the hundreds of thousands of people that depend on our agricultural industry to feed their families.”
What about the other permits needed?
The Canadian oil company is awaiting another key permit from the U.S. Army Corps of Engineers, which is undergoing its environmental review of the reroute project.
The Army Corps is in charge of permitting discharge that could occur in waters of the U.S. It will also review the impact on federally listed endangered species and the effects on historic properties in consultation with the Tribal Historic Preservation Officer and the State Historic Preservation Office.
The Army Corps released a draft of its environmental assessment in May, which drew hours of contentious testimony at a public hearing in June.
According to environmental groups, more than 150,000 comments were submitted in opposition to the reroute project.
Could the pipeline still be halted?
Yes.
The approvals issued by the DNR could be moot, as a court case filed by the Bad River Band continues to play out. In the case, filed in 2019, tribal officials said they no longer wanted Enbridge to operate on their land, due to the risk of significant environmental damage if there was a rupture.
The case has dragged on for years, and a resolution has not been reached yet.
What about Lake Michigan?
Line 5 runs for 4.5 miles across the bottom of the Straits of Mackinac, between Lakes Michigan and Huron.
Great Lakes tribes and environmental groups worry that the portion of the line underneath the Straits has aged to the point where it could put the lakes at risk for an oil spill, due to the location and strength of the currents.
The line was already damaged in 2018 when a ship’s anchor struck it. In 2020, another strike from an anchor damaged supports on the pipeline, causing a temporary shutdown.
Enbridge has proposed building a replacement tunnel for the portion under the Straits. The project would replace the existing dual pipelines, which lie on the lakebed exposed to the elements and other risks like anchor strikes, with a single pipeline that will be housed in a tunnel bored through rock and buried beneath the lakebed.
The replacement project has received two key permits from Michigan state agencies, which are being challenged by environmental groups and tribes. It is awaiting one more from the U.S. Army Corps of Engineers.
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